TN 8 (10-26)

DI 39563.900 Disability Examiner Decisional Authority (DEDA) Procedures

A. Purpose

This section provides the Disability Determination Services (DDS) and federal disability adjudicating components with disability case processing guidance for Disability Examiner Decisional Authority (DEDA). DEDA temporarily allows qualifying disability examiners to make fully favorable disability determinations in adult cases based on physical impairments alone without medical review by medical consultants (MC), with the flexibility to consult with an MC at the disability examiner’s discretion. These instructions apply to initial-level claims pending at the DDS and federal disability case processing units.

B. DEDA-eligible cases

1. When DEDA applies

A disability examiner who qualifies for the DEDA process (see DI 39563.900D) may complete the medical portion of the initial disability claim without an MC, including signing the medical assessment(s), Form SSA-416 (Medical Evaluation) and Form SSA-4734 (Physical Residual Functional Capacity (RFC) Assessment), and the overall medical signature when:

  • •

    The adult initial sequential evaluation process applies. See DI 22001.001;

  • •

    The medical assessment(s) of the claim is based on physical impairment(s) alone; and

  • •

    The claimant is determined to be disabled with an established onset date (EOD) on or before the potential onset date (POD).

    IMPORTANT:

    If a mental impairment is alleged or discovered, and the determination is fully favorable based on only physical impairment(s), discontinue development when a fully favorable allowance is documented based on physical impairment(s). See DI 24505.030E.1.

    NOTE: 

    For Title XVI claims, the Field Office (FO) does not complete the POD field on the SSA-3367 (Disability Report – Field Office) if the protective filing date is the POD. For details, see DI 11005.045A.1.c. If the FO did not provide the POD in a Title II claim as required, send an assistance request to the FO to ask it to add the POD in EDCS using update-after-transfer (UAT) per DI 22501.002D. For information on the UAT utility, see DI 81010.095. For information on electronic assistance requests, see DI 81020.100.

2. When DEDA does not apply

DEDA authority cannot be used for the following claims:

  1. a. 

    Claims that are less than fully favorable, that is, when the EOD is after the POD.

  2. b. 

    Claims in which the evidence does not establish a fully favorable determination based on physical impairments alone.

  3. c. 

    Claims in which a prior denial that is administratively final should be reopened and revised. For information on the conditions for reopening a final determination or decision, see DI 27505.001.

  4. d. 

    Claims in which the favorable determination is based on medical equivalence.

  5. e. 

    Title XVI childhood disability (DC) claims.

  6. f. 

    Age 18 redeterminations (see temporary instructions in DI 39563.905 for exception).

  7. g. 

    Reconsideration claims.

  8. h. 

    Continuing disability review (CDR) cases. (see temporary instructions in DI 39563.905 for exception)

  9. i. 

    Claims with potential fraud and similar fault

  10. j. 

    Claims with potential DAA involvement that may have impacted physical disabling impairment.

NOTE: 

SSR 18-1p states the POD is the earliest date considered for the EOD because it affords the claimant the maximum possible benefit.

NOTE: 

SSR 17-2p requires adjudicators at the initial and reconsideration levels to obtain MC/PC administrative medical findings. For information on equaling a listing, see DI 24508.010.

IMPORTANT:If DEDA does not apply, do not apply a medical assessment(s) signed by an individual with DEDA signature authority to the Disability Determination Explanation (DDE).

C. MC recruitment standard requirements — “every reasonable effort”

Adjudicating sites must demonstrate that “every reasonable effort” has been made to recruit and obtain sufficient MC services. Adjudicating sites must document and maintain records that identify the date and activities completed to meet the minimum “every reasonable effort” requirements.

To ensure national uniformity in the disability program, each State DDS may assign DEDA to qualified disability examiners (see DI 39563.900 D in this section) after demonstrating and documenting each of the “every reasonable effort” requirements outlined in DI 39563.900 C.1. through C.5 in this section. Each requirement must be met within the prior 18-month period.

NOTE: 

The authority can be applied regardless of the State DDS’ success in recruiting MCs, with the understanding that additional MC capacity in a DDS will be made available for national capacity assistance.

1. Compensation rates

Take the necessary steps within applicable State rules or regulations to raise State agency-level compensation to meet prevailing rates for MC services, if those services are unobtainable because of low salary rates or fee schedules.

Each State should also memorialize in writing and maintain records outlining the steps taken to raise compensation and document the controlling rules and regulations that may prevent further increases.

2. Publish job announcements

Advertise in at least two of the following channels when allocations or funding are available for additional hires and contractors:

  • •

    State government website;

  • •

    Recruitment sites, for example, Indeed, LinkedIn, or Handshake;

  • •

    Newspapers;

  • •

    Newsletters;

  • •

    Medical journals;

  • •

    Alumni websites or newsletters;

  • •

    Medical association or organization websites; or

  • •

    Contract recruitment services.

3. Attend job fairs/conferences (virtually or in-person) and/or send recruitment mailers to licensed medical professionals

Complete at least two of the following recruitment activities when allocations or funding are available for travel or mail activities and for additional hires and contractors:

  • •

    Recruit at medical professional organization meetings;

  • •

    Recruit at health care summits;

  • •

    Recruit during medical campus recruitment activities;

  • •

    Send recruitment mailers to general groups of licensed physicians; or

  • •

    Send recruitment mailers to alumni of different medical universities.

4. Offer workplace flexibilities

Offer at least one workplace flexibility, as allowed by State rules or regulations:

  • •

    Telework;

  • •

    Expanded shifts; or

  • •

    Flexible working hours

5. MC peer recruitment

Assign and require a current Chief MC or MC to perform peer recruitment outreach or activities within the State when allocations or funding are available for additional hires and contractors.

State DDSs should document and maintain records demonstrating recruitment activities, including any adversities that prevented recruitment. Send a copy of the documentation to the regional office Disability Program Administrator (DPA).

Examples of MC/PC recruitment adversities that may affect MC recruitment include:

  • •

    The adjudicating site received insufficient or no hiring authority;

  • •

    State-specific limitations prevent hiring;

  • •

    The adjudicating site is at or over MC/PC capacity; or

The adjudicating site is providing MC/PC assistance to other State and federal adjudicating sites

NOTE: 

Sites requiring assistance with MC/PC recruitment or other recruitment adversities should contact their Disability Program Administrator (DPA) for assistance.

D. Disability examiner qualifications for DEDA

Each State DDS and federal assisting site must assess whether each disability examiner meets the minimum qualifications to be granted DEDA authority.

Each State may identify additional parameters to meet its personnel rules and requirements. Adjudicating components must document and maintain records identifying how the following factors were determined for staff granted the DEDA profile.

1. Minimum qualifications

  • •

    Successfully completed disability examiner training and adjudicated adult cases for a minimum of 12 months. This is based on the expectation that the disability examiner has completed disability examiner training and worked with supervisors, mentors, and MCs long enough to develop the skills necessary to accurately analyze medical evidence and assess functional limitations related to physical impairments.

  • •

    Demonstrated experience and autonomy in developing accurate medical assessments, that is, Form SSA-416 (Medical Evaluation) and Form SSA-4734 (Physical Residual Functional Capacity (RFC) Assessment).

  • •

    Approval or endorsement from a supervisor or management official.

2. Adjudicating site documentation

  • •

    The adjudicating component has the authority to establish additional rules and guidelines according to internal DDS performance standards and quality expectations.

  • •

    The adjudicating component must maintain appropriate documentation showing that:

  • –

    The examiner meets the minimum qualifications; and

  • –

    The additional parameters established by the DDS are met by each DEDA disability examiner.

Examples of documentation include, but are not limited to:

  • •

    Probationary and performance review documents;

  • •

    Internal Quality Assurance (IQA) and/or Federal Quality Assurance (FQA) statistics;

  • •

    Records showing completion of training initiatives; and

  • •

    Other relevant records.

E. Case processing assistance

1. Requirements for assisting adjudicating sites

Adjudicating sites assisting DDSs with case processing must verify that the State DDS they are assisting has met the “every reasonable effort” standard for MC recruitment and determine that their disability examiners meet the minimum qualification standards for DEDA authority.

2. Documentation

Assisting adjudicating sites must document and maintain records identifying how the factors outlined in DI 39563.900 D in this section, Disability Examiner Qualifications for DEDA, were met.

F. SSA-831 Completion

Prepare the SSA-831 (Disability Determination and Transmittal) following DI 26510.000.

For determinations completed under DEDA:

  • •

    Leave Item 32 and Item 33, MC or PC Signature, blank; and

  • •

    In Item 34, Remarks, enter: “Disability Examiner Decisional Authority.”


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0439563900
DI 39563.900 - Disability Examiner Decisional Authority (DEDA) Procedures - 10/08/2026
Batch run: 10/08/2026
Rev:10/08/2026